CLA-2-16:OT:RR:NC:2:231
Mr. Robert G. Richardson
Scottish Piper Foods, LLC
P.O. Box 153041
Arlington, Texas 76015
RE: The tariff classification of frozen salmon (3 versions) from China.
Dear Mr. Richardson:
In your letter dated January 8, 2009, you requested a tariff classification ruling for three retail and/or food-service salmon products intended for human consumption. You provided supplementary information via an email message dated February 3, 2009.
Product #1, described as “ready-to-eat salmon for salads,” consists of 6 ounces of fully cooked, frozen, skinless/boneless Pacific chum salmon put up for sale in a sealed pouch. The salmon will be in pieces averaging 35 to 50 mm in size, and will not be combined with any other ingredients.
The applicable subheading for product #1, frozen “ready-to-eat salmon for salads,” will be 1604.11.4050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for prepared or preserved fish … whole or in pieces but not minced: salmon: other: other. The rate of duty will be Free.
Product #2, described as “uncooked salmon patties,” consists of two frozen 4-oz Pacific chum salmon patties put up together for sale in a sealed pouch. (For the purposes of this ruling, it is assumed that the pouch is airtight.) The ingredients are uncooked salmon pieces (5 to 25 mm in size) (90.32%), salt (0.77%), lemon juice (0.23%), lemon zest (0.68%), garlic puree (0.72%), onion (0.59%), canola seed oil (1.54%), water (5.06%) and ground black pepper (0.09%).
The applicable subheading for product #2, frozen “uncooked salmon patties,” will be 1604.11.2090, HTSUS, which provides for prepared or preserved fish … whole or in pieces but not minced: salmon: in oil, in airtight containers: other. The rate of duty will be 6%.
Product #3, described as frozen “uncooked salmon kebabs,” consists of chunks of uncooked Pacific chum salmon (78.07%) skewered on a wooden stick together with pieces of uncooked green bell pepper (21.93%). Two 4-oz frozen kebabs will be put up together for sale in a sealed pouch.
The applicable subheading for product #3, frozen “uncooked salmon kebabs,” will be 1604.11.4050, HTSUS, which provides for prepared or preserved fish … whole or in pieces but not minced: salmon: other: other. The rate of duty will be Free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
All of the above-described merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Nathan Rosenstein at (646) 733-3030.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division